Supreme Court of Colorado

In the Interest of Minor Children: Baby a and Baby B Tw. and A.w., and Adoption Choices of Colorado, Inc. v. M.c.

December 21, 2015363 P.3d 193

Summary

The court reversed the court of appeals and held that the trial court satisfied the father's due process rights by applying a presumption favoring parental custody and requiring clear and convincing evidence of statutory grounds before terminating his parental rights. It further held that the trial court did not abuse its discretion by considering the father's single child-support payment insufficient and that the evidence supported termination and continued custody with the adoptive parents. Justice Eid, joined by Justice Coats, dissented, arguing that the unresolved support issue and failure to consider the father's likelihood of future support made the termination fundamentally unfair.